Kick Ass Pictures is trying to steal my Web site!

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  • AJHall
    Confirmed User
    • Nov 2002
    • 1306

    #1

    Kick Ass Pictures is trying to steal my Web site!

    http://www.xbiz.com/pressrelease_piece.php?id=15626

    I was contacted today by their webmaster and asked to turn over my domain www.kickassgalleries.com

    I did a search for the trademark and he registered "Kick Ass Pictures"
    http://tess2.uspto.gov/bin/showfield...te=r32rcp.3.15

    Below is the email I got:

    ----Original Message-----
    From: Vic - Kick Ass Pictures [mailto:[email protected]]
    Sent: Thursday, June 22, 2006 2:14 PM
    To: AJ Kick Ass Galleries
    Subject: Domain Name

    AJ,

    The owner of the company, Mark Kulkis, has recently completed
    trademarking of the name and logo.

    http://www.avn.com/index.php?
    Primary_Navigation=Articles&Action=View_Article&Co ntent_ID=270288
    http://www.xbiz.com/pressrelease_piece.php?id=15626

    So he wants to get the name kickassgalleries.com from you. I told him
    who you are and that we have spoken amicably in the past. He let me
    offer you $450 for the name and a month to transition your sponsors,
    etc. out of "kickassgalleries.com" into whatever other domain name
    you would want.

    Let me know.

    Yours,
    Vic

    Kick Ass Cash
    http://www.kickasscash.biz

    --------------------------------------

    Should I be worried about losing my site?

    Seems like they have no claim since my domain is totally different from the logo and text they trademarked but I dunno.
    Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.
  • SetTheWorldonFire
    Confirmed User
    • Feb 2002
    • 7444

    #2
    That's just wrong.

    How long you have that site up for?
    www.STWOFDesign.com
    hit me up on icq 154206276 or Skype: JaimeGizzle

    Comment

    • jerzeemedia
      Confirmed User
      • May 2004
      • 1532

      #3
      Wow, talk about a lowball and cheap way of doing business.
      Free Adult Blog Hosting
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      Comment

      • Daruma
        Confirmed User
        • Nov 2002
        • 3494

        #4
        $450 is way to low of an offer
        they should offer you a job

        RIP TD

        Comment

        • babymaker
          Confirmed User
          • Jan 2004
          • 4751

          #5
          fuck em.... kick ass is such a generic term used for like 20 + years in the general vocabulary...not a chance. Havent you been around longer with the domain??

          That is low down

          ICQ 293125596

          Comment

          • HushMoney
            Confirmed User
            • Apr 2005
            • 2256

            #6
            talk to a trademark lawyer
            Hushmoney.com

            Interracialpass
            Hushpass

            Comment

            • wargames
              Kliris
              • May 2003
              • 10423

              #7
              tell him to fuck off
              ICQ 212-115-582
              Email Steve at Vas Media Group .com

              Comment

              • summerland
                So Fucking Banned
                • Jun 2006
                • 162

                #8
                you want to buy rolexgirls.com?

                Comment

                • pocketkangaroo
                  Confirmed User
                  • Jan 2005
                  • 8452

                  #9
                  It'd be a tough one. Since you are not trying to profit from their name, I think it would be tough on their part to win. It'll cost them a lot of money to get it, so I think you may be better off asking for $10,000+ for the domain.

                  Comment

                  • Daruma
                    Confirmed User
                    • Nov 2002
                    • 3494

                    #10
                    i don't know vic but and his content seems to be good

                    however

                    from his sites it seems that he likes to rip off things - if your open to sell i would give him a way higher figure 12+ months of your monthly revenue or more, if not - fight it

                    ipod


                    nba

                    RIP TD

                    Comment

                    • Ferrishyn
                      Registered User
                      • Nov 2005
                      • 28

                      #11
                      As far as what I know about it I think you're ok if you really want to fight it out. Since you were operating this site before they trademarked "Kick Ass Pictures" I think there is no case.

                      "The rules for understanding whether a legal conflict exists comes from trademark law. Here are the basics you need to understand:

                      * Names that identify the source of products or services in the marketplace are trademarks.
                      * Trademarks that are clever, memorable or suggestive are protected under federal and state law.
                      * Trademarks that are descriptive and have achieved distinction through sales and advertising can be protected under federal and state law.
                      * One trademark legally conflicts with another when the use of both trademarks is likely to confuse customers about the products or services, or their source.
                      * In case of a legal conflict with a later user, the first commercial user of a trademark owns it.
                      * If a legal conflict is found to exist, the later user will probably have to stop using the mark and may even have to pay the trademark owner damages."

                      I'm not a lawyer but I have spent a lot of time looking into this for my clients.

                      Comment

                      • AJHall
                        Confirmed User
                        • Nov 2002
                        • 1306

                        #12
                        Originally posted by Daruma
                        $450 is way to low of an offer
                        they should offer you a job
                        My concern is whether they have any valid claim to my sites . . . but . . .

                        Irony:
                        I had an interview for a webmaster position lined up with them a few years back but the drive was like an hour and a half each way and the pay was about 1/3 of what I was making so I didn't want to waste anyone's time and passed on the gig to keep freelance designing for clients. It seemed like a solid company and the owner seemed really cool so this domain and trademark move kinda surprised me.

                        Also ironic, I got this email from their webmaster just a couple weeks ago:

                        > -----Original Message-----
                        > From: Vic - Kick Ass Pictures [mailto:[email protected]]
                        > Sent: Thursday, June 08, 2006 12:54 PM
                        > To: [email protected]
                        > Subject: Kick Ass Pictures...
                        >
                        > Hi AJ,
                        >
                        > This is Vic, the webmaster for Kick Ass Pictures. I'd really like to
                        > partner up with you and regularly contribute content / galleries to
                        > your site. Please drop me a line and let me know what kind of
                        > specifications you have, and also what you would like from me to do
                        > the best promo possible. I'll be happy to put together whatever you
                        > need on a regular basis.
                        >
                        > Thanks,
                        > Vic
                        >
                        > - - - - - - - - - - - - - - - - - - - - - -
                        > KickAss Vic
                        > Webmaster
                        > KickAss Pictures, Inc.
                        Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.

                        Comment

                        • AJHall
                          Confirmed User
                          • Nov 2002
                          • 1306

                          #13
                          They have "KICK ASS PICTURES" TM

                          I have "kickassgalleries.com"

                          How can they claim they have the right to my domain? Doesn't make sense to me.
                          Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.

                          Comment

                          • mikesouth
                            Confirmed User
                            • Jun 2003
                            • 6340

                            #14
                            hmmm I own kickassdvd and kickassdvds.com

                            how much do I get...because I like kulkis I have forwarded the domains but hell if I can sell em they are all yours...
                            Mike South

                            It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.

                            Comment

                            • DateDoc
                              Outside looking in.
                              • Feb 2005
                              • 14243

                              #15
                              Looks like the trademark is registered for "kick ass pictures" not the words "kick ass"

                              Comment

                              • Daruma
                                Confirmed User
                                • Nov 2002
                                • 3494

                                #16
                                so you never got a letter from a lawyer just from them directly?

                                that says shit to be honest - again if your open to sell then shoot them back a really high figure - they have some cash in the bank for sure if they really have such a hardon for your site then they might pay

                                RIP TD

                                Comment

                                • MaddCaz
                                  Confirmed User
                                  • Mar 2006
                                  • 9483

                                  #17
                                  $450 is MAD low

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                                  Comment

                                  • Devils_Child
                                    Confirmed User
                                    • Jul 2002
                                    • 534

                                    #18
                                    I am no lawyer.. But I would have to agree with what Ferrishyn said.

                                    Since you made the site or bought the site before the trademark, then I dont think it applys to any laws. I COULD BE WRONG!

                                    But this is just wrong. How can they be budddddy budddddy two weeks earlier and want to partner up with you for content stuff. Then turn around and hit you with this?

                                    Personaly I think this is an attack on you. I know I would take it my self as one. Maybe they want the domain for some reason and now they are trying to take it any means possible. I dont know.

                                    Still pretty shitty man. I would deffently ask a lawyer on what you can do, say or even if they can in court take the domain. I would have to say they couldnt but I am no lawyer.
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                                    Comment

                                    • pocketkangaroo
                                      Confirmed User
                                      • Jan 2005
                                      • 8452

                                      #19
                                      Trademark was filed in 2002 guys.

                                      Comment

                                      • Devils_Child
                                        Confirmed User
                                        • Jul 2002
                                        • 534

                                        #20
                                        Originally posted by AJHall
                                        They have "KICK ASS PICTURES" TM

                                        I have "kickassgalleries.com"

                                        How can they claim they have the right to my domain? Doesn't make sense to me.

                                        Maybe they think there TM does give them the right. I dont know. Cause I doubt anyone can pick up Kick Ass. Cause its so highly used.
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                                        Comment

                                        • Devils_Child
                                          Confirmed User
                                          • Jul 2002
                                          • 534

                                          #21
                                          Originally posted by pocketkangaroo
                                          Trademark was filed in 2002 guys.
                                          Oh missed that part... But even still they had all this time and didnt say anything at all. Seems just odd for me.
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                                          Comment

                                          • pocketkangaroo
                                            Confirmed User
                                            • Jan 2005
                                            • 8452

                                            #22
                                            The problem with trademark laws is that they are very vague. One judge could view it one way and another the complete opposite. Personally, being involved in a few in the past, I don't think they'd have much of a case. It looks like the trademark is on the logo and "Kick Ass Pictures". I also don't think they enter an area where KickAssGalleries is trying to profit from the name.

                                            If you want to be technical, Chuck Norris could sue you all for using the term Kick Ass.

                                            Comment

                                            • pornguy
                                              Too lazy to set a custom title
                                              • Mar 2003
                                              • 62910

                                              #23
                                              I would tell them to make you an offer you could not refuse. Or maybe rent it to them on a monthly basis.
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                                              Comment

                                              • sinclair
                                                Confirmed User
                                                • Aug 2004
                                                • 1431

                                                #24
                                                I would ask for $10k and a blow job from Mary Carey.

                                                Sinclair
                                                --
                                                skype:vmgsinclair

                                                "Imagine a world in which every single person on the planet is given free access to the sum of all human sex."

                                                Comment

                                                • Bruce_Miller
                                                  Confirmed User
                                                  • Mar 2004
                                                  • 783

                                                  #25
                                                  Yeah, $450 is an insult! You have made your own way with your name, not using any likness of anything they have, and there is no confusion between what you offer and what they offer. Sounds to me like they just want to add to the list of domains they own. I don't think they have a case, especially since your domain name is not the same as their trade mark.

                                                  Comment

                                                  • masterporndude
                                                    Registered User
                                                    • Aug 2005
                                                    • 60

                                                    #26
                                                    If you search the registrar on trademarks Kickasspictures is trademarked however kick ass galleries is not
                                                    http://tess2.uspto.gov/bin/gate.exe?...ate=6bh7l0.1.1
                                                    I dont see how you would be in any kind of peril kick isnt trademarked ass isnt trademarked and pictures isnt trademarked and if you know much lagalise it appears to read in his paperwork as if he has only registered the
                                                    Stars with seven or more points
                                                    01.15.04 - Explosions; Fireworks display; Sparks
                                                    26.15.28 - Miscellaneous designs with overall polygon shape; Polygonal shapes (miscellaneous overall shape)
                                                    with the words kick ass pictures on the image making it a logo trademark which doesnt mean he has actually registered the words themselves. But I am no trademark lawyer I would contact Chad of Chad Knows Law
                                                    He deals with adult laws mostly I am sure he can point you in the right direction

                                                    Buy Theirs Sell Yours

                                                    Comment

                                                    • AJHall
                                                      Confirmed User
                                                      • Nov 2002
                                                      • 1306

                                                      #27
                                                      All good points and honestly, if I got a reasonable email from them with a fair offer or an invitation to negotiate for the sale of all of my "kick ass" domains of which I own a few I would happily agree to work something out that would benefit us all.

                                                      Sending me an email and expecting me to hand over something I've been working on for years and offering me $450 was an insult.

                                                      The point is he has the tm for kick ass pictures and not "kick ass" so I don't see how I can be expected to hand over domain.
                                                      Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.

                                                      Comment

                                                      • Daruma
                                                        Confirmed User
                                                        • Nov 2002
                                                        • 3494

                                                        #28
                                                        one thing you might want todo is send them a link and the text to this thread

                                                        RIP TD

                                                        Comment

                                                        • Pron Don
                                                          Internet Entrepeneur
                                                          • Jun 2006
                                                          • 571

                                                          #29
                                                          i wouldnt have anything to do with them
                                                          Sig currently being donated to science.

                                                          don of pron at gmail dot com

                                                          Comment

                                                          • AJHall
                                                            Confirmed User
                                                            • Nov 2002
                                                            • 1306

                                                            #30
                                                            They have $ so I'm sure they have an atty advising them that it's ok to do this and they have the right to the domain.

                                                            It's a case of a bigger company trying to bully a webmaster but seems like a bad way to run a cash program . . . steal the tgp of your affiliates because you like their domain name.
                                                            Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.

                                                            Comment

                                                            • Big_Red
                                                              Confirmed User
                                                              • Jun 2006
                                                              • 4147

                                                              #31
                                                              I call bullshit. Fuck them fuck them fuck them. If you need a good trademark attorney hit me up AJ. I got connections yo.
                                                              60% Revshare.
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                                                              Comment

                                                              • NoWhErE
                                                                Too lazy to set a custom title
                                                                • Sep 2005
                                                                • 10584

                                                                #32
                                                                Read carefully his email. It doesn't say anywhere that he owns the rights to kickass galleries... it just says that he bought the trademark, and, from the wording of his email, the guy would be interested in purchasing your site because it fits in with his recent trademark aquisition.

                                                                There is no threat whatsoever.

                                                                He just made a pitiful offer.


                                                                Tell him that the offer is kind but you would not part with the domain for less than $xx xxx
                                                                skype: lordofthecameltoe

                                                                Comment

                                                                • JaneB

                                                                  #33
                                                                  He can't trade mark "kick ass" since it is used way to much to have a trade mark on it by anyone. They can not demand that you change the name and url of your website. He has only trademarked "kick ass pictures". He has no rights to your website or name.

                                                                  Comment

                                                                  • Love Sex
                                                                    Confirmed User
                                                                    • Nov 2004
                                                                    • 1905

                                                                    #34
                                                                    #1 do not go into any conversions about money or selling at all. Tell then your not interested and if you are get agreement through a lawyer.

                                                                    #2 your not infringing on any thing of theres

                                                                    #3 Kiss ass is a generic term

                                                                    First get a lawyer who specializes in this and you most likely Kiss Ass in court.

                                                                    The domain dispute alone through icann cost them $1000

                                                                    Comment

                                                                    • GTS Mark
                                                                      Vrume Mark
                                                                      • Jan 2001
                                                                      • 20912

                                                                      #35
                                                                      Haha funny stuff, I actually e-mailed a guy named "Vic" about selling my domain kickassporno.com. It used to be an old submitting domain and i figured shit I would let the guy have it if he wanted it for maybe $500-1000 because there was several thousand uniques a day coming in from old gallery submits.

                                                                      Then he sends me this letter back

                                                                      "Mark,


                                                                      Since our successful trademarking of "Kick Ass" our owner is going after adult space "kick ass" domain names. Please contact me about selling us the name as I'm sure if you don't he will hand it off to our lawyer and it will become a pain in the ass.


                                                                      http://www.avn.com/index.php?Primary...tent_ID=270288


                                                                      http://www.xbiz.com/pressrelease_piece.php?id=15626



                                                                      Yours,
                                                                      Vic"

                                                                      I just sent him back this

                                                                      "Vic, Ihahaha8217;ll be happy to sell you the domain.



                                                                      The price is 10k Firm.



                                                                      This domain was registered 3+ years ago, so it pre-dates your hahaha8220;trademarkhahaha8221;.



                                                                      Regards,

                                                                      Mark"

                                                                      LOL! What a dipshit, you can almost always get more bees with honey instead of vinegar.

                                                                      DH

                                                                      Comment

                                                                      • GTS Mark
                                                                        Vrume Mark
                                                                        • Jan 2001
                                                                        • 20912

                                                                        #36
                                                                        Originally posted by AJHall
                                                                        http://www.xbiz.com/pressrelease_piece.php?id=15626

                                                                        I was contacted today by their webmaster and asked to turn over my domain www.kickassgalleries.com

                                                                        I did a search for the trademark and he registered "Kick Ass Pictures"
                                                                        http://tess2.uspto.gov/bin/showfield...te=r32rcp.3.15

                                                                        Below is the email I got:

                                                                        ----Original Message-----
                                                                        From: Vic - Kick Ass Pictures [mailto:[email protected]]
                                                                        Sent: Thursday, June 22, 2006 2:14 PM
                                                                        To: AJ Kick Ass Galleries
                                                                        Subject: Domain Name

                                                                        AJ,

                                                                        The owner of the company, Mark Kulkis, has recently completed
                                                                        trademarking of the name and logo.

                                                                        http://www.avn.com/index.php?
                                                                        Primary_Navigation=Articles&Action=View_Article&Co ntent_ID=270288
                                                                        http://www.xbiz.com/pressrelease_piece.php?id=15626

                                                                        So he wants to get the name kickassgalleries.com from you. I told him
                                                                        who you are and that we have spoken amicably in the past. He let me
                                                                        offer you $450 for the name and a month to transition your sponsors,
                                                                        etc. out of "kickassgalleries.com" into whatever other domain name
                                                                        you would want.

                                                                        Let me know.

                                                                        Yours,
                                                                        Vic

                                                                        Kick Ass Cash
                                                                        http://www.kickasscash.biz

                                                                        --------------------------------------

                                                                        Should I be worried about losing my site?

                                                                        Seems like they have no claim since my domain is totally different from the logo and text they trademarked but I dunno.
                                                                        AJ, tell him to get fucked.

                                                                        DH

                                                                        Comment

                                                                        • Big_Red
                                                                          Confirmed User
                                                                          • Jun 2006
                                                                          • 4147

                                                                          #37
                                                                          Originally posted by DrinkingHARDEST
                                                                          AJ, tell him to get fucked.

                                                                          DH
                                                                          Short and sweet.
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                                                                          Comment

                                                                          • Webby
                                                                            Too lazy to set a custom title
                                                                            • Oct 2002
                                                                            • 14956

                                                                            #38
                                                                            Originally posted by DrinkingHARDEST
                                                                            AJ, tell him to get fucked.

                                                                            DH
                                                                            Saved me typing that!
                                                                            XXX TLD's - Another mosquito to swat.

                                                                            Comment

                                                                            • Webby
                                                                              Too lazy to set a custom title
                                                                              • Oct 2002
                                                                              • 14956

                                                                              #39
                                                                              ?It feels great to be official,? Kick Ass President Mark Kulkis said. ?There are a few other companies in the business, especially on the Internet, that are using the name ?Kick Ass.? Obviously, we?re now going to go after all of them people and make sure they ceases and desist.
                                                                              This guy needs a red hot poker up his tight ass - then kicked into the ocean - just to make it "official".
                                                                              XXX TLD's - Another mosquito to swat.

                                                                              Comment

                                                                              • AJHall
                                                                                Confirmed User
                                                                                • Nov 2002
                                                                                • 1306

                                                                                #40
                                                                                DH - Thanks Bro.

                                                                                The fucked up part is that I liked what Mark had going on, obviously or I wouldn't have wanted to work for him and replied to his job ad years back.

                                                                                The content is good, Mark seemed like a guy with good ideas and some vision, I would have been up for selling him all my sites, fully intact, and even stayed on to run them for him.
                                                                                Owner, Elevated X - The 4 Time Award Winning Adult CMS Software Company Used by More Than 2000 Adult Sites.

                                                                                Comment

                                                                                • dynastoned
                                                                                  mmm yeah!
                                                                                  • Feb 2005
                                                                                  • 5061

                                                                                  #41
                                                                                  tell that guy to fuck off. hes bluffing throwing around that bullshit..

                                                                                  Comment

                                                                                  • Pinklinkz
                                                                                    Confirmed User
                                                                                    • Nov 2005
                                                                                    • 658

                                                                                    #42
                                                                                    sorry to burst your bubble but why do you think WWF is now WWE
                                                                                    and they had Million$$$ behind them

                                                                                    Ask for a stupid figure, then go register more kick ass domains
                                                                                    lol
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                                                                                    www.pinklinkz.com

                                                                                    Comment

                                                                                    • FreeHugeMovies
                                                                                      Too lazy to set a custom title
                                                                                      • Dec 2001
                                                                                      • 14142

                                                                                      #43
                                                                                      This guy is an idiot.

                                                                                      Comment

                                                                                      • Sebastian Sands
                                                                                        Confirmed User
                                                                                        • Mar 2005
                                                                                        • 5223

                                                                                        #44
                                                                                        This Vic guy is always on another board and not even to long ago he was asking other webmasters for all kinds of advice, from designs to anything else.. Mary Carey is also not under contract with them anymore as far as I know. It seems they are trying to play poker here..

                                                                                        Comment

                                                                                        • Pleasurepays
                                                                                          BANNED - SUPPORTING TUBES
                                                                                          • Aug 2002
                                                                                          • 11913

                                                                                          #45
                                                                                          steve cohen was pretty successful going after anyone with "sex" in their domain name... way back when. its a gray area for sure.

                                                                                          Comment

                                                                                          • Kenny B!
                                                                                            Confirmed Abuser
                                                                                            • Jun 2003
                                                                                            • 5719

                                                                                            #46
                                                                                            Talk to a lawyer, I believe because you had the name before the trademark you should be all good. What a peice of shit the guy is, talk about bad PR
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                                                                                            • Lycanthrope
                                                                                              Confirmed User
                                                                                              • Jan 2004
                                                                                              • 4517

                                                                                              #47
                                                                                              Tell him to fuck himself and perhaps let him know that The NBA wouldn't appreciate them using this...

                                                                                              Comment

                                                                                              • en21
                                                                                                Confirmed User
                                                                                                • May 2006
                                                                                                • 2640

                                                                                                #48
                                                                                                I hate this shit
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                                                                                                Comment

                                                                                                • Violetta
                                                                                                  Affiliate
                                                                                                  • Jul 2004
                                                                                                  • 28735

                                                                                                  #49
                                                                                                  tell him to go eat a goat. Or get him pay WAY more than 450 lausy dollars. If he really want this domain, he has to pay!
                                                                                                  M&A Queen

                                                                                                  Comment

                                                                                                  • frank7799
                                                                                                    Confirmed User
                                                                                                    • Jul 2003
                                                                                                    • 1974

                                                                                                    #50
                                                                                                    Just did a research in the register. It´s a combined trademark (design + words, letters and numbers). This means that only the combination itself is protected. The words and letters the trademark consists of are not. That´s a fact for European trademarks. i´m not familiar with US trademarks, but I think it´s pretty much the same, as there are internatinal agreements about trademarks. So I think you will have a good chance to keep your site.

                                                                                                    To be sure you HAVE TO contact a specialised US trademark lawyer.

                                                                                                    Comment

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